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Z-5688-A Staff AnalysisNovember 8, 2007 FILE NO.: Z -5688-A NAME: Lamb Revised Short -form POD LOCATION: Located at 7604 Eagle Drive DEVELOPER: John Lamb P.O. Box 193653 Little Rock, AR 72219 SURVEYOR: Laha Engineers 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 0.18 acres CURRENT ZONING ALLOWED USES PROPOSED ZONING PROPOSED USE: NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF R-2, Single-family Non -conforming 0-3, General and Professional Office -m 0-3, General Office District VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The site is zoned R-2, Single-family and has 0-3, General Office District nonconforming status. The site has been used as an office for a number of years. In 1973 an amended Bill of Assurance for the Chicot Manor Subdivision was approved to allow Lot 2 (7604 Eagle Drive) to "be used for any purpose or purposes set forth in Little Rock Code Section 43-6 "E-1" Quiet Business and Institutional District. E-1 converted to 0-3, General Office District with the adoption of the zoning ordinance in 1980. The principal building contains 1,346 square feet and an accessory structure containing 345 square feet. The lot has 85 -feet of frontage along Eagle Drive and is approximately 100 feet from Chicot Road. NO.: Z -5688-A (Cont. The Little Rock Board of Directors denied a request to rezone the site from R-2, Single-family to POD on October 19, 1997. The approval would have allowed the site to be utilized by a barbershop, 100 square foot snack bar and insurance office; the three uses existing in the building at the time of the request. A. PROPOSAL/REQUEST: The applicant is now seeking a rezoning of the site from the present non -conforming R-2, Single-family to POD to allow 0-3, General Office District uses, a Health Studio and Spa, Barber shop and a snack shop not to exceed 100 square feet of gross floor area as allowable uses for the site. B. EXISTING CONDITIONS: The site contains a commercial building with head -in parking from Eagle Drive. Along Chicot Road are two office uses and the building located across Eagle Drive to the south also appears to be occupied by office uses. The area to the west is single-family. The rear of the building has a large asphalted area accessed from Mann Road which appears to be the parking area for the businesses located on Chicot Road. There is also a single-family home fronting Mann Road in the rear yard area of this site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All owners of property located within 200 feet of the proposed site along with the Chicot Neighborhood Association, the West Baseline Neighborhood Association, Southwest Little Rock United for Progress and all residents, who could be identified, located within 300 -feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: Due to the proposed use of the property, the Master Street Plans specifies that Eagle Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way including vehicle parking. 3. Vehicles backing out onto Eagle Drive create a safety hazard. If site is redeveloped in the future an alternate parking configuration should be proposed. K FILE NO.: Z -5688-A (Cont. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PL ANNI Wastewater: Sewer available to this property. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Approved as submitted. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located near CATA Bus Routes #17 — the Mabelvale- Downtown and #17A the Mabelvale-UALR Routes. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Short form POD to recognize the existing non -conforming use. A Land Use Plan amendment from Single Family to Mixed Office Commercial is a separate item on this agenda. Master Street Plan: Eagle Drive is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. Chicot Road is shown as a Principal Arterial with reduced standards. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: The Chicot West 1-30 South covers this area and the Economic Development goal states: "Provide a mixed commercial/residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities." 3 FILE NO.: Z -5688-A (Cont_ Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Any new parking will require additional landscaping to be installed. 3. The property to both the north and the west is zoned residential, therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along both the northern and the western perimeters of the site. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (October 18, 2007) The applicant was present. Staff presented an overview of the proposed development stating there were a number of technical issues associated with the request remaining outstanding. Staff stated the site plan presented did not allow adequate parking for a number of the uses proposed. Staff stated a daycare facility and a restaurant would require parking numbers beyond the parking available on the site. Mr. Lamb stated there was parking located along the eastern side of the building and within the rear yard area. Staff questioned if the parking was hard surface. Mr. Lamb indicated the parking was asphalt. Staff requested the survey be updated to reflect the current improvements on the site_ Public Works comments were addressed. Staff stated if the site redeveloped, the parking spaces which presently backed into the right of way would require redesign to eliminate the backing into the right of way. Staff also stated a franchise agreement would be required for the existing parking which was located within the right of way. Landscaping comments were addressed. Staff stated any new parking would require additional landscaping to be installed. Staff stated screening would be required along the western perimeter of the site. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 18, 2007, Subdivision Committee meeting. The applicant has provided the total number of parking spaces on site, provided an updated survey and indicated the required right of way dedication. a] FILE NO.: Z -5688-A (Cont. The applicant is requesting a rezoning of the site from the present non -conforming R-2, Single-family to POD to allow 0-3, General Office District uses, a Health Studio and Spa, Barber shop and a snack shop not to exceed 100 square feet of gross floor area as allowable uses for the site. As indicated in the Background Section the site has a non -conforming 0-3, General Office District classification. The applicant desires to "clean up the zoning" to eliminate confusion in the future as to the allowable uses for the site. The site contains seven parking spaces and the building contains 1,364 square feet. Based on typical minimum parking for an office development three parking spaces would be required. The 0-3, General Office District allows some uses which would potentially create a parking demand greater than the typical minimum parking requirement such as a daycare center. Staff recommends the use of the building not exceed the available parking on-site or parking the owner may obtain off site through lease agreements. Staff does not want the overflow of parking to encroach into the neighborhood and feels parking should be provided to serve the intended use. The site plan indicates the placement of a dumpster along the western perimeter. The dumpster is located adjacent to a single-family home. Staff recommends the dumpster be relocated to the eastern perimeter away from the residential home. Staff also recommends the dumpster service hours be limited to daylight hours. The site plan does not indicate existing or proposed signage. Staff recommends if signage is proposed the signage not exceed signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. Staff is supportive of the request to rezone the site from the present R-2, Single-family status to POD to establish uses for the site. The site was constructed as a non-residential building and has functioned as a non-residential use for a number of years. The building was constructed prior to the City annexing the area. To staff's knowledge there are no remaining outstanding issues associated with the request. Staff feels the rezoning of the site to recognize the existing allowable non -conforming uses will not significantly impact the area. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the use of the building not exceed the available parking on-site or parking the owner may obtain through lease agreements on appropriately zoned property. Staff recommends the dumpster be relocated to the eastern perimeter and the hours of service be limited to day light hours only. 5 FILE NO.: Z -5688-A (Cont. Staff recommends the signage not exceed signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. PLANNING COMMISSION ACTION: (NOVEMBER 8, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented recommendations the use of the building not exceed the available parking on-site or parking the owner may obtain through lease agreements on appropriately zoned property, the dumpster be relocated to the eastern perimeter and the hours of service be limited to daylight hours only and signage not exceed signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. There was no further discussion of the item. The chair placement of the item on the consent agenda for approval. vote of 10 ayes, 0 noes, 0 absent and 1 recusal (Troy Laha). L entertained a motion for The motion carried by a November 8, 2007 ITEM NO.: 12.1 NAME: Lamb Revised Short -form POD LOCATION: Located at 7604 Eagle Drive DEVELOPER: John Lamb P.O. Box 193653 Little Rock, AR 72219 St IRVFYnR- Laha Engineers 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 0.18 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING ROPOSED USE NUMBER OF LOTS: 1 FILE NO.: Z -5688-A FT. NEW STREET: 0 LF R-2, Single-family Non -conforming 0-3, General and Professional Office 0-3, General Office District VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The site is zoned R-2, Single-family and has 0-3, General Office District nonconforming status. The site has been used as an office for a number of years. In 1973 an amended Bill of Assurance for the Chicot Manor Subdivision was approved to allow Lot 2 (7604 Eagle Drive) to "be used for any purpose or purposes set forth in Little Rock Code Section 43-6 "E-1" Quiet Business and Institutional District. E-1 converted to 0-3, General Office District with the adoption of the zoning ordinance in 1980. The principal building contains 1,346 square feet and an accessory structure containing 345 square feet. The lot has 85 -feet of frontage along Eagle Drive and is approximately 100 feet from Chicot Road. November 8, 2007 SUBDIVISION ITEM NO.: 12.1 (Cont.) FILE NO.: Z -5688-A The Little Rock Board of Directors denied a request to rezone the site from R-2, Single-family to POD on October 19, 1997. The approval would have allowed the site to be utilized by a barbershop, 100 square foot snack bar and insurance office; the three uses existing in the building at the time of the request. A. PROPOSAL/REQUEST: The applicant is now seeking a rezoning of the site from the present non -conforming R-2, Single-family to POD to allow 0-3, General Office District uses, a Health Studio and Spa, Barber shop and a snack shop not to exceed 100 square feet of gross floor area as allowable uses for the site. B. EXISTING CONDITIONS: The site contains a commercial building with head -in parking from Eagle Drive. Along Chicot Road are two office uses and the building located across Eagle Drive to the south also appears to be occupied by office uses. The area to the west is single-family. The rear of the building has a large asphalted area accessed from Mann Road which appears to be the parking area for the businesses located on Chicot Road. There is also a single-family home fronting Mann Road in the rear yard area of this site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All owners of property located within 200 feet of the proposed site along with the Chicot Neighborhood Association, the West Baseline Neighborhood Association, Southwest Little Rock United for Progress and all residents, who could be identified, located within 300 -feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plans specifies that Eagle Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way including vehicle parking. 3. Vehicles backing out onto Eagle Drive create a safety hazard. If site is redeveloped in the future an alternate parking configuration should be proposed. RAI November 8, 2007 SUBDIVISION ITEM NO.: 12.1 (Cont.) FILE NO.: Z -5688-A E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Approved as submitted. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located near CATA Bus Routes #17 — the Mabelvale- Downtown and #17A the Mabelvale-UALR Routes. F. ISSUESITECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Short form POD to recognize the existing non -conforming use. A Land Use Plan amendment from Single Family to Mixed Office Commercial is a separate item on this agenda. Master Street Plan: Eagle Drive is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. Chicot Road is shown as a Principal Arterial with reduced standards. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: The Chicot West 1-30 South covers this area and the Economic Development goal states: "Provide a mixed commercial/residential environment that will promote the safety, attractiveness, and value of the area 3 November 8, 2007 SUBDIVISION ITEM NO.: 12.1 (Cont.) FILE NO.: Z -5688-A while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities." Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Any new parking will require additional landscaping to be installed. 3. The property to both the north and the west is zoned residential, therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along both the northern and the western perimeters of the site. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (October 18, 2007) The applicant was present. Staff presented an overview of the proposed development stating there were a number of technical issues associated with the request remaining outstanding. Staff stated the site plan presented did not allow adequate parking for a number of the uses proposed. Staff stated a daycare facility and a restaurant would require parking numbers beyond the parking available on the site. Mr. Lamb stated there was parking located along the eastern side of the building and within the rear yard area. Staff questioned if the parking was hard surface. Mr. Lamb indicated the parking was asphalt. Staff requested the survey be updated to reflect the current improvements on the site. Public Works comments were addressed. Staff stated if the site redeveloped, the parking spaces which presently backed into the right of way would require redesign to eliminate the backing into the right of way. Staff also stated a franchise agreement would be required for the existing parking which was located within the right of way. Landscaping comments were addressed. Staff stated any new parking would require additional landscaping to be installed. Staff stated screening would be required along the western perimeter of the site. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. 0 November 8, 2007 SUBDIVISION ITEM NO.: 12.1 (Cont.) FILE NO.: Z -5688-A H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 18, 2007, Subdivision Committee meeting. The applicant has provided the total number of parking spaces on site, provided an updated survey and indicated the required right of way dedication. The applicant is requesting a rezoning of the site from the present non -conforming R-2, Single-family to POD to allow 0-3, General Office District uses, a Health Studio and Spa, Barber shop and a snack shop not to exceed 100 square feet of gross floor area as allowable uses for the site. As indicated in the Background Section the site has a non -conforming 0-3, General Office District classification. The applicant desires to "clean up the zoning" to eliminate confusion in the future as to the allowable uses for the site. The site contains seven parking spaces and the building contains 1,364 square feet. Based on typical minimum parking for an office development three parking spaces would be required. The 0-3, General Office District allows some uses which would potentially create a parking demand greater than the typical minimum parking requirement such as a daycare center. Staff recommends the use of the building not exceed the available parking on-site or parking the owner may obtain off site through lease agreements. Staff does not want the overflow of parking to encroach into the neighborhood and feels parking should be provided to serve the intended use. The site plan indicates the placement of a dumpster along the western perimeter. The dumpster is located adjacent to a single-family home. Staff recommends the dumpster be relocated to the eastern perimeter away from the residential home. Staff also recommends the dumpster service hours be limited to daylight hours. The site plan does not indicate existing or proposed signage. Staff recommends if signage is proposed the signage not exceed signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. Staff is supportive of the request to rezone the site from the present R-2, Single-family status to POD to establish uses for the site. The site was constructed as a non-residential building and has functioned as a non-residential use for a number of years. The building was constructed prior to the City annexing the area. To staffs knowledge there are no remaining outstanding issues associated with the request. Staff feels the rezoning of the site to recognize the existing allowable non -conforming uses will not significantly impact the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. 5 November 8, 2007 SUBDIVISION ITEM NO.: 12.1 [Cont. NO.: Z -5688-A Staff recommends the use of the building not exceed the available parking on-site or parking the owner may obtain through lease agreements on appropriately zoned property. Staff recommends the dumpster be relocated to the eastern perimeter and the hours of service be limited to day light hours only. Staff recommends the signage not exceed signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. PLANNING COMMISSION ACTION: (NOVEMBER 8, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented recommendations the use of the building not exceed the available parking on-site or parking the owner may obtain through lease agreements on appropriately zoned property, the dumpster be relocated to the eastern perimeter and the hours of service be limited to daylight hours only and signage not exceed signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for approval. The motion carried by a vote of 10 ayes, 0 noes, 0 absent and 1 recusal (Troy Laha). 0 ITEM NO.: 12.1. Z -5688-A NAME: Lamb Revised Short -form POD LOCATION: located at 7604 Eagle Drive Planning Staff Comments_ 1. Provide notification of all property owners located within 200 -feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than October 24, 2007. The Office of Planning and Development must receive the proof of notice no later than November 2, 2007. 2. Provide the days and hours of operation proposed for the site. 3. Provide details of any fencing proposed including location, total height and construction material. 4. Provide details of any proposed signage including the location of ground mounted signage along with the total height and total sign area. Include a note concerning any proposed building signage. 5. One of the uses proposed is a daycare facility. Provide the maximum number of children to determine the required parking. Daycare facilities must provide on-site pick-up and drop-off areas. Will the facility provide transportation for the youth? If so provide the number of vehicles. 6. A second proposed use indicated is a restaurant facility. A restaurant would typically require the placement of 13 -on site parking spaces. 7. Will there be an on site dumpster facility? If so provide the location of the dumpster facility and a note indicating the screening. 8. Provide the existing number of parking spaces located on the site. Variance/Waivers: None requested. Public Works Conditions: 1. Due to the proposed use of the property, the Master Street Plans specifies that Eagle Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way including vehicle parking. 3. Vehicles backing out onto Eagle Drive create a safety hazard. If site is redeveloped in the future an alternate parking configuration should be proposed. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this property. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Item # 12 Entergy: No comment received. Center -Point Energv: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted Countv Planninq: No comment. CATA: The site is located near CATA Bus Routes #17 — the MabeIva le- Downtown and #17A the Mabelvale-UALR Routes. Planning DMsian: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a revised Short form POD. A Land Use Plan amendment from Single Family to Mixed Office Commercial is a separate item on this agenda. Master Street Plan: Eagle Drive is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or' more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. Chicot Road is shown as a Principal Arterial with reduced standards. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan_ There are no bike routes in the immediate vicinity. Neighborhood Action Plan: The Chicot West 1-30 South covers this area and the Economic Development goal states: "Provide a mixed commercial/residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities." Landscape - 1 . andscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. It is unclear what is being proposed; therefore, a full thorough review isn't possible. However, it appears that some of the asphalt parking along the front may need to be removed to meet the City's minimal landscaping and street buffer requirements. 3. Any new parking will require additional landscaping to be installed. Item # 12 4. The landscape ordinance requires a six foot nine inch (6'-9") wide landscape strip along both the northern and the western perimeters of the site. A variance from this minimal requirement will require approval from the City Beautiful Commission prior to the issuance of a building permit. 5. The zoning buffer ordinance requires a six foot nine inch (6-9") wide land use buffer along the northern and the western perimeter of the site. Seventy percent (70%) of this area is to remain undisturbed. Easements cannot count towards meeting this requirement. 6. Both the zoning buffer ordinance and the landscape ordinance requires a minimal street buffer distance of (6'-9") wide. A variance from this minimal amount will require a variance from the City Beautiful Commission prior to the issuance of a building permit. 7. The property to both the north and the west is zoned residential, therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along both the northern and the western perimeters of the site. 8. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, October 24, 2007. Item # 12